Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-07-08
est patriotism of American citizenship,
/ am yours very sincerely,
GROVER CLEVELAND.
A Case Interesting 60 All Lawyers
- ., r,,,ya.. 81 yIo DieDIfcI

done as much, perhaps. towards mouiu-
inc the relations of the States TO the
Federal Union as all others combined.
Reading it over recently to see what
bearing it might have on litigation tna'
was concerned in, L became con-
WINGED that there were matters con,
toined in the record that the report OF
the case did not disclose. l accord
inply went to Washington TO inspect
the record itself, which l did, and L
| found il 10 contain mint OF most IN
terestipg history. The clerk has made
and certified Tor me copy OF the re,
cord. which / shall be happy to submit
to The inspection of any one who de-
sires TO see it, and which, after putting
| il into print. / propose to present to
| the library of the Bar Association OF
| the CITY of Richmond. Meantime L
have made mp from it the following re-
port of the case
II is well-known public history that
the State of Ohio determined to expel
the Bank of the United States, which
derived its existence and powers from
| the Federal Government, from her Dor
ders. She wanted all the banking busi-
ness for her own banks. Accordingly,
in February, 1919, her Legislature en-.
acted statute which imposed tax OF
$4,000 per annum upon each OF the
two branches of the Bank of the United
States located in the State OF Ohio,
when. under the Constitution and the
laws of the United States, the State OF
Ohio had no authority to impose tax
of one dollar upon that institution. The
preamble to the act read as follows;
Whereas the president and directors
Of The Bank of the United States have
established two offices of discount and
deposit in this State, at which they
transact banking business by loaning
money and issuing bills in violation OF
the laws of this State" &c, &c.
IT then went on to declare that if the
bank should continue to do business in
Ohio after the LIST day of the following
September tho Auditor OF the State
should on the 18th day Of that month,
and afterwards on the 10Th day OF each
succeeding September, assess it with a
tax of $50, 900 for each branch and it
provided further that the Auditor
should thereupon make ont his war
rant to any person commanding him to
break into the bank or any of its chests
or vaults, il necessary, and seize
enough of its money to satisfy the as
sessment.
On the Cd day of September, 1919,
the bank filed its bill in the United
States Circuit Court for the District Of
Ohio praying the court to enjOin the
Auditor from executing this act es
being repugnant to the Constitution
and laws Of the United States. An
order awarding a preliminary injunc-
ton, upon the complainant's executing
bond for 100000, was made but
the record does not show on what day
this order was made.
On the 14th September, 1919, a sub
runa to the defendant issued from the
clerks Office, and on this subpoena
there was an endorsement reciting the
aims and objects of the bill, and also
stating that the injunction prayed for
bad been allowed and that the com
plainants had executed the bond. The
marshal deputized one James Nc
Dougal to execute the subpoena thus
endorsed and the injunction.
On the 18th of the same September
at sunrise McDougal served the sub
roma with its endorsement upon Ralph
OsLoln, the Auditor Of the State. The
writ of injunction and the order al
lowing it were served upon Osborn and
upon one JohnL. Harper, whose conDec-
ton with the subject matter will APP
pear directly, on the 18th OF that Sep
tembcr.
The record would suggest that after
this matters came to a standstill but
such was very far from being the case.
In September, 1920, the compliments
were allowed to file an amended and
supplemental bill, in which they showed
That on the 18th Of September, 1919,
Ralph Osborn, Auditor of the State,
issued lis warrant to John l.. Harper,
commanding him to break into the
Eankof tie United States, ii necessary,
and take from its vaults 500, 900 Of
current money TO satisfy the tax as
sessed. Harper went to one OF the
branches and forcibly and by violence
took from its vaults 100000 OF its
money-partly in coin, partly in its
notes. Is he was on his way to Co
lumbus to turn this money over to the
States authorities McDougal ton the
18th of SEPTEMBER served the writ OF
Injunction and the order allowing the
same on him. Heproceeded neverthe-
less, and turned the money over Qess
his commissions, y, 600 on the 18th or
Goth OF September TO II. NJ. Curry,
Treasurer of the State. Curry "passed
it to the credit OF the State on the
Treasury books, and "did carry said
amount to the credit of the State" but
deposited it in u trunk and kept it
separate from the other funds of the
Treasury, and no part Of it was ever
paid out on account Of claims against
the State except about $1,000 OF coin,
which was paid out by mistake and I'M
mediately replaced.
We may suppose that Curry's treat
ment of the matter was not satisfac
tory to the members of the Ohio Legis
lature, for in January or February,
1890, a select committee of the lower
branch of that body seized upon the
money. Curry resigned, and one Sam
uel Sullivan was appointed Treasurer in
lis place, to whose hands, as treasurer,
the trunk Of money came just as Curry
had held it.
Though / have said that the COM
plainants showed these facts, it is more
accurate to say that the bill and sue
ceediDg papers showed them. There
was no dispute i'll respect to them.
On this state of facts the court de-
creed that Sullivan, Treasurer, should
deliver to named agent of the Bank
of the United States the trunk Of
money that had been taken from it,
and that the States officers should be
perpetually enioined from putting the
act of the Ohio Legislature into force.
The decree having been served upon
Sullivan and demand made for the
money, no refused TO obey the decree.
4 rule was thereupOn made upon him
to show cause why be should Rot be at
tached for contempt OF court.
He showed for cause that this money
"was paid to him as Treasurer of the
State by his predecessor in Office (; that
le received it as revenue of the State
OF Chic and gave lis recent for IL as